URGENT PRACTICAL MATTERS

The following things need to be done by the executor or next of kin as soon as possible after a death has taken place:

• obtain medical certification of the death from the doctor or from the midwife in the case of a stillbirth;
• register the death with the Registrar of Births, Deaths and Marriages;
• search for any will and possible later wills (remember to check under alternative names e.g. nicknames and aliases);
• search for documents indicating the deceased’s wishes in relation to the funeral;
• arrange and carry out the funeral;
• notify anyone to whom the deceased had given a power of attorney and any Receiver appointed by The Court of Protection of the death (their powers cease at the time of the death);
• remove portable valuables to a secure location and ensure that they have adequate insurance cover at that location;

• search for household goods, motor vehicle and building insurance policies; check that cover exists and is appropriate and adequate and if not amend it. Notify the insurers of the removal of any items which have been removed from the deceased’s home for safe custody and amend the cover into the executor’s or proposed administrator’s names. If policies cannot be found, effect new policies in the executor’s or proposed administrator’s names;
• arrange with the postal authority to redirect the deceased’s mail and contact The Mail Preference Service to stop unwanted junk mail;
• notify anyone from whom the deceased received an annuity or pension and the Pensions Service of the death and claim any new benefits which arise by virtue of the death;
• inform the deceased’s bank and any debit or credit card providers of the death;
• inform the trustees of any trust from which the deceased received a benefit of the death;
• notify the tenant of any property which the deceased owned and let of the death and request payments of future rents be made to the executors or proposed administrators of the estate;
• notify the registrars of all known shareholdings, and stock exchange or other investments of the death;
• inform all known creditors (including any mortgage company) of the death and request confirmation of the amount of the debt and forbearance until the estate is in funds;

• notify the supply companies for domestic services of the death and request continuance or termination of service as required; if relevant request new meter readings be made and redirection of accounts; and
• in relation to council tax, notify the local authority of the death and if appropriate claim a single occupancy discount.

If required, more detailed information on these practical matters can be found in the index and examples of the letters to use can be found in the appendix.

SUMMARY OF PROCEDURES

When a death has taken place the doctor issues a certificate confirming death and its cause. If the cause of death is not clear or not from natural causes, the doctor will report the death to the coroner who will order a post mortem examination to take place. After the post mortem examination, if it is still not clear that the death is from natural causes, an inquest will be held. When the doctor has issued a death certificate the death must be registered with the Registrar of Births, Deaths and Marriages who will issue his death certificate and a certificate for burial, or cremation, which must be taken to the funeral director before the funeral can take place. If an inquest has been held the certificate for burial or cremation can be collected from the coroner’s office who will then send the particulars required to register the death directly to the Registrar of Births Deaths and Marriages. There is no necessity for anyone to attend the resulting registration. These matters are discussed in greater detail in the following pages.

THE DOCTOR’S CERTIFICATE

If the death takes place in hospital or in a nursing home, the hospital or home will arrange the issue of a doctor’s medical certificate confirming death and its cause.

The certificate is given in a sealed envelope and must be issued before the funeral can be arranged or the death registered with the Registrar of Births Deaths and Marriages. The doctor will also give another certificate which is a formal notice explaining the procedure to register the death and confirming that the medical certificate has been given. The medical certificate must be taken to the Registrar unopened within five days of being issued or within forty-two days in the case of a stillbirth. A stillbirth is the birth of a baby who is born dead after the 24th week of pregnancy. If the birth is a stillbirth the doctor or sometimes the midwife will give a Certificate of Stillbirth instead of the certificate confirming the cause of death. A stillborn baby can be named and the stillbirth must be registered and can sometimes be registered at the hospital instead of at the Registrar’s but it cannot be registered after three months. A certificate for burial or cremation of a stillborn baby must be obtained from the registrar before its funeral can take place.

When death occurs at home, the patient’s own doctor should be called. He will issue the certificates unless he has not seen the person who has died and who is called the deceased within the previous 14 days, in which case he will have to report the death to the coroner.

CORONERS

The Department of Constitutional Affairs is responsible for matters relating to coroners, but coroners are officials who are independent of the national government, the local authority and the police. The coroner is a lawyer or a doctor and sometimes both!

In the following additional cases the death will be reported to the coroner:

• accidental death;
• sudden unexpected death;
• where the cause of death is uncertain;
• if the death is thought to be the result of industrial disease;
• violent death;
• when death occurred in suspicious circumstances;
• death in the custody of the police or prison authorities;
• death during the course of an operation or before recovery from the anaesthetic.

Anyone can report a death to the coroner through the coroner’s officer whose contact details can be obtained from the local police.

The coroner’s power to enquire into deaths within his jurisdiction also applies to deaths abroad, at sea or in the air, if the body is brought into the coroner’s area, for example by a ship bringing the body into a harbour within his area.

Under sections 271–273 of the Merchant Shipping Act 1995, in cases where:

• death occurs on a British ship; or
• the master of a British ship dies outside the United Kingdom; or
• the death of a seaman occurs outside the United Kingdom as a result of injury or disease suffered while or within one year of serving on a British ship; then

unless a coroner’s inquest is to be held, an enquiry must be held by the superintendent or proper officer of the next port at which the ship calls and a copy of the report of the enquiry will be given, upon request, to the next of kin or any person whom the Secretary of State considers to have a valid interest in it. This provision can prove useful in appropriate circumstances if a claim for compensation is contemplated.

In the case of deaths:

• in or from United Kingdom ships;
• of Citizens of the UK and its Colonies in or from ships which come into British ports; or
• abroad of seamen employed in UK registered ships,

the Registrar General of Shipping and Seamen will issue death certificates and the deaths are recorded at the Registry of Shipping and Seamen at Anchor House, 12 Cheviot Close, Parc – Ty-Glas, Llanishen, Cardiff CF14 5JA, Telephone 02920 768200. The deaths are also recorded at the General Registry Office in London, Belfast, Edinburgh and the Isle of Man as appropriate in the Marine Register of Deaths.

Deaths and presumed deaths on or from offshore installations are also registered with the Registrar of Shipping and Seamen and copies registered with The Registrar General of Births and Deaths.

If a death is reported to the coroner, certificates to enable the death to be registered and to authorise a funeral to take place will be issued by the coroner and not by the doctor, but not until a post mortem examination of the body and possibly an inquest has taken place. This applies whether or not the death takes place at home, in a nursing home or in a hospital.

A post mortem is an examination of the body by a pathologist. Relatives have the right to choose a doctor to represent them at the post mortem, but no right to object to the holding of a post mortem ordered by a coroner which should not be confused with a post mortem requested by a hospital. A post mortem requested by a hospital cannot be carried out without the consent of the next of kin or executors of the deceased’s will.

INQUESTS

In the following cases the coroner will hold an inquest:

• if after the post mortem examination the cause of death remains uncertain;
• if the death appears to have been an unnatural or a violent one;
• where the death occurred in prison;
• when the death appears to have been caused by a reportable industrial disease.

If anyone is charged with an offence that constitutes homicide in one form or another, the inquest will be adjourned.

The coroner holds the inquest in public and its sole purpose is to ascertain:

• who the deceased was;
• the particulars required to be registered by the registrar concerning the death; and
• how, when, where and by what means the deceased came to die.

‘How’ means in what circumstances and the inquest can comment not only upon the immediate cause of death but also upon the facts surrounding the death and can make recommendations as to how similar deaths can be avoided in the future. The verdict, i.e. conclusion of the inquest, must express an opinion on any disputed facts and acts; omissions can be recorded, but not in such a way as to amount to a finding of criminal liability in respect of a named person nor to determine civil liability. Expressions such as ‘carelessness’, ‘neglect’, and ‘negligence’ must not be used. The purpose of an inquest is not to apportion blame and the coroner’s verdict does not preclude further proceedings in the civil or criminal courts.

Coroners’ verdicts are decided on a balance of probability unless the verdict is one of unlawful killing or suicide, both of which must be proved beyond reasonable doubt. If the evidence is not sufficient to come to a specific conclusion an open verdict will be entered.

There is no appeal as such from the verdict of an inquest but if new evidence comes to light, or it is believed that an error of law has been made, it is possible to seek a judicial review by the High Court or to ask the Attorney General for permission to refer the case to the High Court.

In holding an inquest a coroner is conducting a hearing in a court of law and, although proceedings are kept fairly informal and are determined to a large extent by the individual coroner, he has the power to compel witnesses to attend and takes evidence on oath. Anyone who wishes to give evidence at an inquest or question a witness should inform the coroner in advance so that the inquest can proceed in an orderly manner. Sometimes the coroner will have a jury to assist him in coming to his verdict, which is technically known as a ‘conclusion’. The jury consists of between seven and eleven people selected at random as for other juries and can bring in a majority verdict. There is a legal right for relatives of the deceased, and anyone with a proper interest in the outcome of the proceedings, to attend the inquest if they wish and to ask questions relevant to the circumstances and cause of death. There is no right for anyone to make speeches. Relatives of the deceased also have the right to be represented by a lawyer, but legal aid is not usually granted for the purpose of representation at inquests. There is a charity called Inquest Charitable Trust (’Inquest’), which provides free advice to bereaved families on their rights and procedures in Coroners’ Courts; sometimes it is able to arrange for families to be legally represented in Coroners’ Courts free of charge or at a reduced charge. (Contact details can be found in the Useful Addresses section of the appendix.) It is wise to be legally represented at an inquest if claims by the deceased’s estate for compensation arising from the circumstances of the death are likely, and if requested a coroner might supply a copy of notes of the evidence given at the inquest.

A coroner’s inquest is sufficient to fulfil the duty imposed upon the State by Article 2 of the European Convention on Human Rights to set up a legal framework to protect life, and to ensure that if a death occurs in custody there is a reasonably prompt and effective investigation before an independent body with an opportunity for the deceased’s relatives to take part. Deaths in custody are also investigated by The Prisons and Probation Ombudsman.

At the conclusion of the inquest the coroner will issue a Certificate after Inquest (form 99 (rev)) which states the cause of death. This is then sent to the Registrar of Births, Deaths and Marriages so that registration of the death can take place where either a Certificate for Cremation (Form E) or an Order for Burial (form 101), is issued so that the funeral can take place. If the inquest is likely to be a lengthy one, the coroner can issue Form 101 or Form E before the conclusion of the inquest if he is satisfied that the body is no longer required.

ORGAN TRANSPLANTS AND MEDICAL RESEARCH

If the death is one which should be reported to a coroner, the coroner’s consent will be required before the body can be used for organ transplants or other medical purposes.

If the body is to be used for medical research, ask the medical attendant to make the necessary arrangements or contact the Inspector of Anatomy at the Anatomy Office of the nearest teaching hospital. In case of difficulty telephone HM Inspector of Anatomy on 020 7972 4342. A hospital is not obliged to accept a body for teaching purposes and it will not be accepted if unsuitable, for example if a post mortem has taken place. If accepted for teaching purposes, the body might be kept for up to three years.

A person lawfully in possession of a body can give consent to an organ transplant if, after the making of reasonable enquiries, he has no reason to believe that the deceased or his close relatives would object, or if the deceased had either made and not withdrawn an oral consent in the presence of two witnesses or a written consent. Common ways of showing consent to organs being used for transplant purposes are:

• carrying a signed donor card obtainable from most doctors’ surgeries and hospitals;
• requesting a note of consent to be made on a driving licence when it is applied for;
• requesting that an entry be made by the NHS Organ Registration Service upon the organ donors’ register. This can be done by post and the address can be found in the Useful Addresses section of the appendix or online at www.uktransplant.org.uk;
• including the request in a will.

If it is intended that parts of the body shall be used for an organ transplant, it is essential that the medical attendant be informed as soon as possible because the organs will be of no value if they are not removed promptly.

If tissue from the body is to be donated for research it must similarly be removed promptly. A tissue bank is maintained by the Histology Department of the Peterborough District Hospital which will collect and return bodies within a 150-mile radius. They are usually kept for about 24 hours and the tissue is used for research into pharmaceutical products.

This might appeal to those who object to the testing of drugs on animals.

REGISTERING THE DEATH

When the doctor’s certificate as to the cause of death has been obtained, it is necessary to register the death with a Registrar of Births, Deaths and Marriages within five days, or in the case of a stillbirth, within 42 days. The particulars for registration may be given to any registrar who will forward them to the registrar for the subdistrict in which the death took place, where it will be officially registered.

The addresses of the registrars can be obtained from the local telephone book, local council, the doctor, hospital or nursing home.

Some registrars require an appointment to be made to save waiting, so it is a good idea to telephone first.

WHO CAN REGISTER A DEATH?

The following people can register a death:

• a relative;
• a person present at the death;
• the owner or manager of the nursing home where the death took place;
• the person causing the body to be disposed of; or
• a person who has custody of the body.

If an inquest has taken place the coroner will arrange the registration of the death.

THE PARTICULARS REQUIRED

The information which is required to be given is the full names and addresses of the person registering the death and of the person who has died (including the maiden name of the deceased in the case of a woman), the date and place of birth of the deceased, his occupation and last usual address, the date of the death and the location where it took place, and particulars of any allowance or pension which the deceased was receiving from public funds. If the deceased was married or had a registered civil partner, the person registering the death will also be required to state the full name, occupation and date of birth of the surviving spouse or civil partner. The doctor’s certificate as to the cause of death, or in the case of a stillbirth the Medical Certificate of Stillbirth, will have to be handed to the registrar, so remember to take along all the information, the deceased’s medical card and the certificates.

HOW THE DEATH IS REGISTERED

From the information supplied the registrar prepares draft entries for the Register of Deaths which the person attending to register the death is asked to check. The registrar then enters the information in the register and the informant is asked to check and sign the register entries using the registrar’s pen which contains indelible ink. The informant should check the register carefully before the Registrar signs it because once the registrar has signed the entries cannot be corrected without supporting documentary evidence, and in some cases without the consent of the Registrar General.

If the particulars are given to the registrar for the subdistrict in which the death took place, the registrar will give to the person supplying the information a registrar’s death certificate, or in the case of a stillbirth a Certificate of Registration of Stillbirth, and ask if any official copies of the certificate are required. There is a fee for the death certificate and for each copy, but it is cheaper if copies are obtained when registering the death than if they are obtained later. Some copies will be needed to avoid delay later. I suggest that a copy for each relative who has the deceased’s life insured and three copies in addition to the original of the registrar’s copy is a sensible practical number. The fee is currently £3.50 for each copy if acquired when registering the death and £7.00 for each copy acquired later, but when the register of deaths has been passed to The General Register Office in London, the fee is £8.50 with a further £3.00 fee if the original certificate reference is not known and a search has to be made. The certificates can be ordered by post, telephone or fax and if ordered online the fee is £7.00. A priority next day service is now available at a fee of £27.50 or £23.00 if the applicant supplies the certificate reference.

Copyright law covers registrars’ certificates and photocopying without licence is not permissible.

The Registrar will also supply a free certificate of registration of death (form BD8), usable only for Social Security purposes.

Unless the coroner has been involved and issued one, the registrar will also give a certificate (known as the Green Form) authorising the funeral to take place. If an inquest is lengthy it is sometimes possible to obtain an Order for Burial (form 101) or a certificate for cremation (form E) from the coroner before the conclusion of the inquest, if he is satisfied that the body is no longer required.

Provided that he has the doctor’s certificate as to the cause of death, the registrar can give the Green Form before registration has been completed and it will be valid as the authority for burial, but only Green Forms given after registration are valid for cremation.

If the particulars are given to the registrar of a subdistrict other than the one in which the death took place, the certificates will be sent by post.

DEATHS ABROAD

Although there is no statutory requirement to register the death in England or Wales if the death takes place on a foreign registered ship or aircraft or abroad (which for this purpose includes in Scotland, Northern and Southern Ireland) the death should be registered (a) with the British Consulate and (b) in accordance with the law and procedures of the country concerned.

Registration of the death with the British Consulate enables one to obtain copies of the death certificate from the consulate or from the Overseas Registration Section, Smedleys Hydro, Trafalgar Road, Birkdale, Southport PR8 2HH.

If the death takes place out of the United Kingdom the British Consulate will be prepared to help with advice on the formalities for registering the death abroad and the procedures involved in returning the body to the United Kingdom.